Background: Etienne de Muelenaere and Jonathan Guy sued Great Gulf Homes over the installation of non-pressure-balanced valves in a 44-storey residential condominium in Toronto, leading to temperature fluctuations in showers and bathtubs, posing a serious risk of harm. The class action was certified for settlement purposes.

Settlement:

• The settlement agreement provides a $1.0 million fund and a claims program administered by RicePoint Administration Inc.
• Categories of claims include costs for repair or replacement of valves (Category B, $60,000), payments for injuries requiring medical attention (Category C, $33,000), and a flat rate for current or former owners/tenants (Category A, anticipated distribution of $1,714 to $5,142 per unit, depending on the claim rate).
• The settlement was deemed fair, reasonable, and in the best interest of the class.

Counsel Fees:

• Class Counsel's fees were approved. 
  • A fee of 30% of $1 million equals $300,000 plus $39,000 in HST, totaling $339,000.
  • Plus 30% of the $21,688.76 interest earned from the Settlement Trust equals $6,500.62 plus HST of $845.08, totaling $7,345.70.
  • Plus disbursements totaling $46,099.33 inclusive of taxes.

Ancillary Orders: Included appointments, declarations regarding the release and discharge of claims, instructions on claim submissions, and fee and disbursement approvals.